Policy 2.1.6 Legal Advice

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POLICY – 2.1.6 Legal Advice Page 1 
 Policy: 2.1.6 
Approved By: Trust Council 
Approval Date: June 11, 1994 
Amendment Date(s):  June 9, 1995; March 9, 1996; 
December 6, 1997; June 9, 2021 
Policy Holder: Chief Administrative Officer 
 
LEGAL ADVICE 
Purpose 
To ensure that legal advice obtained by the Islands Trust is handled in a sensitive and confidential manner with 
respect to its use and disposition and that it is given in the context of the legislated object of the Islands Trust. 
A. Definitions 
“Restricted” legal advice is defined as legal advice where litigation has commenced, as well as  
legal advice about matters of potential conflict of interest, personal liability or as determined under 
this policy. 
 
B. Policy 
1.  Legal Counsel Relationship 
1.1 All legal advice requested and obtained by the Islands Trust, whether in the form of a 
bylaw, legal opinion, land use document or other advice, must take into account the 
statutory Object of the Trust. 
1.2 Every legal services agreement between the Islands Trust and its legal counsel must 
contain provision stipulating the requirement set out in paragraph 1.1 of this policy. 
1.3 Any concerns regarding the provision of legal services must be forwarded to the Chief 
Administrative Officer (CAO) (or designate). 
1.4 Requests to access alternate legal counsel other than the Islands Trust’s designated 
legal counsel shall be given to the CAO for approval. 
2. Ownership 
2.1  All legal advice obtained by the Islands Trust is the property of the Trust Council, as 
client, as it is the Trust Council that requests the legal advice pursuant to a legal 
services request form. 
2.2  Except as otherwise provided in this policy, a local trust committee, the Executive 
Committee, a council committee, the Islands Trust Conservancy Board, a trustee, or an 
employee may view legal advice received by the Islands Trust. 

 
POLICY – 2.1.6 Legal Advice Page 2 
2.3  Legal advice includes all written and oral advice, and all originals, drafts, and 
photocopies provided by legal counsel pursuant to a legal request. 
2.4  A copy of all legal advice must be provided to the Legislative Services Clerk by its 
recipient within the Islands Trust, unless the legal advice has been directly copied to 
the Legislative Services Clerk by legal counsel. 
2.5  A disposition of legal advice refers to providing the legal advice, in whole or in part, 
orally or in writing to persons or entities outside of the Islands Trust, or to persons or 
entities within the Islands Trust other than the person within the Islands Trust who 
has requested the legal advice. 
3.  Confidentiality 
3.1  Except where otherwise determined by the Executive Committee or Islands Trust 
Council, all legal advice received and written and oral communications made between 
the Islands Trust and its legal counsel are confidential and subject to solicitor-client 
privilege and must not be disclosed except in accordance with section 3.2 of this 
policy

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